Cause Title: Jothi v. The State & Ors.
The Madras High Court has observed that withholding medical information from the patients or attendees would amount to professional misconduct resulting in tortious liability.
Justice G.R. Swaminathan while relying on Maharaja Agrasen Hospital v. Rishabh Sharma, (2020) 6 SCC 501 held that, “Article 19(1)(a) of the Constitution includes within its sweep the right to receive information. Obviously, a patient is entitled to invoke this right. In any event, following the promulgation of the Right to Information Act, 2005, the government hospitals can no longer withhold information from the patients or their attendants. Withholding would amount to professional misconduct and result in tortious liability as it constitutes an infringement of the patients’ rights”.
The Court while relying on Montgomery v. Lanarkshire Health Board (2015 AC 1430 discussed the rights of patients, emphasizing that regardless of whether the doctor works in a government or private hospital, the same duty of care is expected and that patients are recognized as having rights, as opposed to passive recipients of medical care. The importance of medical records, the right to receive information, and the obligation to maintain records were outlined, with references to legal provisions and standards vide Federation of Obstetrics & Gynecological Societies of India Vs UOI (2019 6 SCC 283).
The Court has partly allowed the writ petition.